Feds: Fishman ‘Amplified the Disastrous Effects of Doping’

Six days before veterinarian Seth Fishman is to be sentenced for his two felony drug-supplying convictions in a decades-long international racehorse doping conspiracy, United States prosecutors told a judge he deserves a prison term greater than the 10 years recommended by federal probation officials, but below the maximum sentencing guideline of 20 years.

The feds also recommended that the judge not use convicted trainer Jorge Navarro's five-year sentence-the most severe among prison terms meted out so far in this conspiracy-as a measuring stick, because Fishman's criminal actions had a multiplying effect that caused exponential harm to racehorses, and he continued to peddle alleged performance-enhancing drugs (PEDs) “until practically the eve” of his trial.

“[U]nlike the trainer-defendants charged and sentenced in this matter, Fishman's reach extended far beyond a single barn,” prosecutors stated in a July 5 sentencing submission filed in U.S. District Court (Southern District of New York).

“He supplied at least hundreds of trainers with his unsafe and illegal drugs. The breadth of the drugs the defendant offered for sale is unmatched by any other charged defendant in this action. The defendant was thus responsible for amplifying the disastrous effects of doping on racehorses in the industry. The defendant, under the guise of providing medically necessary veterinary care, enabled scores of corrupt trainers by selling unnecessary PEDs to enrich himself,” the filing stated.

Fishman undoubtedly tried to paint a different picture in his own sentencing submission that got filed June 27. But the public can't access that document, because his legal team asked for and received permission from the court to file it under seal.

Three days prior, on June 24, TDN reported that Fishman had to be hospitalized for psychiatric reasons during his trial earlier this year, thus explaining his cryptic absence during closing arguments. The presence of records related to his health could have been a reason the judge okayed shielding what is normally a public document.

The July 5 filing by the feds, however, shed some light on what Fishman wrote in his pre-sentencing filing, which is a convict's final chance to impress upon a judge that he doesn't deserve harsh punishment.

“It is unsurprising that the defendant's sentencing submission contains no expression of remorse or contrition,” the feds stated. “He likewise expresses no desire to reform. Even on the verge of sentencing, the defendant is entirely unrepentant for his crimes, and, absent a significant term of imprisonment, is at a high risk of recidivism.”

The government's report continued: “For almost two decades, including two years after his arrest in this matter, Seth Fishman cravenly pumped hundreds of thousands of illegal PEDs into the marketplace, and was dissuaded by no one–not state racing commissions, racetracks, the Food and Drug Administration, Customs and Border Protection, state drug regulators, the Federal Bureau of Investigation, the U.S. Attorney's Office for the Southern District of New York, nor this Court-to comply with the law.

“The defendant earned millions of dollars. He did so on the backs of racehorses that were doped by corrupt trainers. The defendant and his convicted co-conspirator, Lisa Giannelli, armed trainers motivated by greed with the means to corruptly win races by injecting and drenching racehorses with unsafe, medically unnecessary, prohibited PEDs.

“Fishman was not naïve or ignorant of the law. He did not 'exercise very poor judgment.' His crimes were not the product of a momentary lapse. Fishman was at the helm of a sophisticated, years-long, cross-border scheme to profit from the creation, marketing, sale, and distribution of illegal PEDs that he shipped across the country and around the world to unscrupulous trainers and others in the racehorse industry that sought to gain a competitive edge…” the filing stated.

“Over approximately 20 years, Fishman perpetuated the myth that he was operating as a legitimate veterinarian, conducting examinations, reaching diagnoses, and prescribing necessary medications for the treatment and prevention of bona fide medical issues.

“Yet Fishman did no such thing. He instead concocted novel PEDs, mass-produced his creations, and marketed and sold them to trainers across the country and around the world, resulting in millions of dollars of sales. He ran an illegal wholesale drug distribution business.

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Letter to the Editor: Eric Ward

I have been following with interest the interviews with Liza Lazarus in the TDN. Excellent stuff, particularly today's piece concerning doping procedures.

I sincerely hope the aptly-named Ms. Lazarus can bring racing back from the dead and I applaud the new transparency of publication of test results along with the accelerated hearing and adjudication timelines. A great step forward.

However, I can't see the advantage of reducing possible sanctions for controlled therapeutic medication offences to make a distinction between such offences and those concerning banned substances.

This is a bit like reducing the penalties for DUI Alcohol, simply to highlight the difference between driving drunk as opposed to driving whilst stoned or under the influence of other Class A narcotics…Such a law would hardly decrease DUI Alcohol cases and the related traffic accidents!

Furthermore, in racing circles, the proposed reduced therapeutic medication sanctions would certainly increase the use of barrel-bottom-scraping excuses like the ones trotted out by certain individuals over the last few years. And that's without even considering the 'cocktail' masking effect that certain PMs might have on administered PEDs.

Eric Ward

Gaillac, France

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Fishman Asks for Yet Another Sentencing Delay

The veterinarian Seth Fishman–who is facing 20 years in prison, has an active motion asking for the first of his two convicted counts to be dismissed, and has already been granted one sentencing delay because he is allegedly having trouble filling out federal probation paperwork–again on Tuesday requested another delay of his sentencing.

The half-redacted letter motion filed by his attorney in United States District Court (Southern District of New York) on May 17 suggests that a COVID-19 outbreak where he is being detained at Metropolitan Detention Center in Brooklyn is the reason.

“Dr. Fishman's tier is currently in 'lockdown' status and, apparently, will remain in that position for the foreseeable future,” wrote attorney Maurice Sercarz.

Although the letter motion itself does not mention the pandemic in its unredacted portions, the internet home page for the prison features a prominent notice that “Operations are being modified at this facility due to COVID-19. All visiting at this facility has been suspended until further notice.”

Fishman was convicted Feb. 2 on two felony counts in an international equine performance-enhancing drug doping conspiracy. The judge in the case has yet to rule on Fishman's motion asking for the first of his two convicted counts to be dismissed on the basis that he was allegedly charged twice for the same crime.

Fishman's sentencing was supposed to be May 5 but got pushed back to May 26 when he claimed he did not receive financial forms from the feds that are necessary for his pre-sentencing report. Now he's requesting a new date in the range of June 20-24. Federal prosecutors have consented to this request, according to Tuesday's motion.

Although a number of defendants named in the wide-ranging racehorse doping conspiracy pleaded guilty prior to Fishman, he was the first from a federal sweep of several dozen individuals indicted in 2020 to stand trial and to be found guilty by a jury.

Fishman's case has been notable thus far because of the breadth of his legal maneuverings and some courtroom drama, which included the Florida-based veterinarian being inexplicably absent from court during his sentencing. A cryptic comment from Fishman's attorney to the judge during closing arguments led to speculation that Fishman had to be hospitalized.

In December 2021, the judge in Fishman's case modified his bail conditions after federal prosecutors alleged he was still selling PEDs while awaiting trial.

And in January 2022, one week before his trial was scheduled to start, Fishman had unsuccessfully asked the judge to delay the trial over concerns related to the COVID-19 pandemic.

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Giannelli Trial Continues

Lisa Giannelli testified at her horse doping trial May 4 that she had a good reason for wanting to testify in her own defense.

“To tell my story,” she told the jury in U.S. District Court in New York.

She is on trial on a conspiracy charge, accused of assisting veterinarian Seth Fishman in the distribution of performance-enhancing drugs that prosecutors say were used by corrupt trainers to dope racehorses in violation of racing regulations.

During three hours of questioning by her attorney Louis Fasulo, Giannelli, who admitted being nervous when her testimony began, told the jury that it was never her intention to defraud any racing commissions.

She also testified that she never benefited financially when trainers decided to break the rules to win races.

And she testified that she never agreed with Fishman to engage in fraud.

“It was never my intention,” Giannelli testified.

The testimony came on the trial's sixth day in front of Judge Mary Kay Vyskocil.

The trial resumes May 5 with closing arguments and then possibly jury deliberations.

Prosecutors say Fishman, who was convicted in February and faces 20 years in prison, manufactured PEDs that Giannelli sold out of her home as an employee of Fishman's company Equestology.

Giannelli testified it was her understanding she could sell whatever products Fishman created because he was a licensed veterinarian.

“I was just to take orders,” she told the jury. “I was not to give medical advice or offer a medical opinion or act as a veterinarian.”

Giannelli testified drugs she kept in her home that the FBI seized when she was arrested in 2020 were “items of Dr. Fishman that clients called in for as needed.”

She said Fishman manufactured his products without her help and that she knew little about them.

Gianelli also testified that she wasn't involved in designing labels for those products.

Asked then by Fasulo why another Equestolgoy employee sought her input on the color of a new drug bottle's cap, she replied, “Dr. Fishman was color blind.”

She also said that in conversations with Fishman it was hard to know what he was talking about.

Giannelli told the jury she didn't know what he meant when he told her about “stem cells” in a 2019 call that was wiretapped by the FBI.

“He is rambling and I was just like 'yeah,'” Gianelli testified. “Dr. Fishman rambled a lot.”

When asked why she sold drugs without any label on the bottle, she said, “That was a decision by my boss. It was what it was.”

On cross examination, prosecutor Sarah Mortazavi asked Giannelli if she knew the difference between prescription and non-prescription drugs.

“My employer did,” the witness testified, adding that she knows the difference now.

“But you didn't at the time?” Mortazavi asked.

“I know only know what Dr. Fishman told me,” Giannelli replied.

At another point, Mortazavi asked Giannelli if she had suggested new products for Fishman to make a Equestology.

“Yes,” the witness said.

“So now you are clarifying your testimony on direct in which you testified that you didn't suggest new products for Seth Fishman to make?” the prosecutor asked.

“Correct,” Giannelli testified.

At the start of the cross-examination, Mortazavi asked Giannelli about her days working as a groom and a trainer at harness tracks decades ago, before she began working for Fishman. Giannelli acknowledged her license was suspended when a horse tested positive for TCO2.

“It was a bicarbonate,” the witness testified.

“Is that baking soda?” Mortazavi asked.

“Bicarbonate is whatever bicarbonate is,” Giannelli told the jury.

   The Thoroughbred industry's leading publications are working together to cover this key trial.

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